Experienced Criminal Defense Attorney for Assault and Battery Charges in Denver, CO
If you’ve been charged with assault and battery in Colorado, you may be feeling angry, confused, frightened, or a mix of all three. Maybe a verbal argument escalated into something more. Maybe you were wrongly accused of being involved in an incident. Or perhaps a night of fun and drinking quickly turned into a drunken bar fight before you realized what was happening. Whatever the circumstances of your arrest, do not make the mistake of assuming you’ll get off easy after an assault and battery charge.
Denver criminal defense attorney Jeff Weeden has seen this happen far too many times, and those people almost always end up regretting their assumption. While assault or battery charges may seem less severe compared to things like drug trafficking, rape, or murder charges, a conviction can potentially result in lengthy incarceration, heavy fines, and a lifelong criminal record.
Following an arrest for assault and battery in Colorado, the best thing you can do is equip yourself with experienced legal representation. A Denver criminal defense lawyer like Jeff Weeden of WeedenLaw can help you understand the charges you face and develop a powerful strategy to fight the prosecution’s arguments.
With the help of a seasoned Denver assault and battery lawyer, you’ll have the best chance at having the charges against you reduced – or even dropped entirely. For a free consultation with an aggressive Colorado defense lawyer, call WeedenLaw at (720) 307-4330 or reach out online today.
What Constitutes Assault in Colorado?
In Colorado, assault charges typically involve knowingly or recklessly making offensive or harmful contact with another person. To qualify as assault, contact could include injuring another individual through your own physical force or throwing, rolling, or otherwise using an object to touch them in a way that is offensive, harmful, or both. Interestingly, this definition is actually closer to what many other states consider to be battery or aggravated assault.
Below are the different types of assault charges under Colorado law.
First-Degree Assault Colorado
First-degree assault charges in Colorado are the most serious form of assault and are considered a felony. According to CRS § 18-3-202, this involves causing serious bodily injury to another person intentionally, with a deadly weapon, or through extreme indifference to human life. It can also apply to situations where someone permanently disfigures another or destroys, amputates, or disables a part of another’s body.
Second-Degree Assault Colorado
Under CRS § 18-3-203, second-degree assault charges are also considered a felony and involve causing bodily injury to another person with a deadly weapon, causing injury while intending to prevent a police officer, emergency medical service provider, or firefighter from performing their duties, or administering drugs or substances to another without their consent. It is considered less severe than first-degree assault but still involves intentional harm.
Third-Degree Assault Colorado
Third-degree assault charges in Colorado can be found in C.R.S. § 18-3-204. This is a misdemeanor charge and involves knowingly or recklessly causing bodily injury to another person, or negligently causing injury to another with a deadly weapon. It’s often considered a “simple assault” charge and is the least severe assault charge in Colorado.
Vehicular Assault Colorado
According to C.R.S. § 18-3-205, vehicular assault charges are brought against individuals who cause serious bodily injury to another person due to reckless driving or driving under the influence. This offense is considered a felony in Colorado and is taken very seriously by the law, as it involves the operation of a vehicle in a manner that endangers the safety of others on the road, potentially resulting in severe harm to innocent victims.
Sexual Assault (C.R.S. 18-3-402)
Sexual assault charges in Colorado (C.R.S. § 18-3-402) involve any non-consensual sexual act committed through force, coercion, manipulation, or when the victim is unable to give consent. The severity of the charge can vary based on factors such as the use of force, the victim’s ability to consent, and the age difference between the victim and the perpetrator (statutory rape). Sexual assault and sex crimes in general are considered extremely serious offenses with penalties that include fines, imprisonment, and registration as a sex offender. If you face sexual assault charges, it’s important that you speak with a Denver sex crimes attorney as soon as possible.
What Constitutes Battery?
Now that we’ve covered assault, what does “battery” mean?
Technically, Colorado does not have a battery law. Instead, we have a law called “menacing.” This offense involves the implied threat of violence, rather than violence itself – which aligns it closer to “assault” in many other states. Menacing can include any situation where one person knowingly threatens bodily harm to another person, whether through verbal threats or physical action.
Menacing Charge Colorado
In Colorado, menacing is considered a criminal offense that occurs when you knowingly place or attempt to place another person in fear of imminent bodily harm. Menacing can be charged under different circumstances and can be classified as either a felony or misdemeanor in Colorado, depending on specific factors such as the use of a deadly weapon or a simulated deadly weapon.
Misdemeanor Menacing Charges Colorado
Under C.R.S. § 18-3-206, misdemeanor menacing applies when an individual knowingly places or attempts to place another person in fear of imminent serious bodily injury through a perceived threat or physical action. It does not necessarily involve the use of a weapon and is considered a Class 1 misdemeanor but can still result in severe penalties including fines and jail time.
Felony Menacing Charges Colorado
Felony menacing, also outlined in C.R.S. § 18-3-206, occurs when the act of placing another person in fear of imminent serious bodily injury involves the use of a deadly weapon, or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon. It can also apply if the person represents verbally or otherwise that they are armed with a deadly weapon. Felony menacing is considered a Class 5 felony.
What Are the Penalties for Assault and Battery in Denver?
The severity of the penalties for an assault/battery/menacing charge in Colorado vary depending on what exactly you are charged with. The seriousness of the crime and possible penalties may depend on the following elements:
- What type of threatening actions took place?
- What was the defendant’s intention?
- Did harmful physical contact occur?
- Was a deadly weapon involved?
Regardless of the circumstances, an assault and battery charge of any level often carries severe consequences. To make things even more frustrating, Colorado assault and battery laws can be complex and confusing.
If you’ve been charged with any degree of assault and battery, it’s critical to hire a skilled criminal defense attorney to explain your rights and help you determine your best plan for defense.
First-Degree Assault Penalties
In Colorado, first-degree assault is typically considered a Class 3 felony. However, if the act is charged as a “crime of passion” it may be considered a Class 5 felony.
If convicted of first-degree assault and battery, you may be required to pay fines of up to $750,000 and face a prison sentence of up to 12 years.
Second-Degree Assault Penalties
Second-degree assault is generally categorized as a Class 4 felony. If it is charged as a crime of passion, however, second-degree assault may be categorized as a Class 6 felony.
The penalties for second-degree assault and battery may include up to $500,000 in fines and up to 6 years in prison.
Third-Degree Assault Penalties
Usually, third-degree assault is charged as a Class 1 misdemeanor.
The penalties for third-degree assault and battery may include up to $5,000 in fines and up to 18 months of incarceration. Penalties may be harsher if the offense involves a peace officer or other protected employee.
Vehicular Assault Penalties
Depending on the circumstances surrounding the crime, vehicular assault in Colorado may be charged as either a Class 4 or Class 5 felony.
Penalties may range anywhere from 1-6 years in prison and up to $500,000 in fines.
Sexual Assault Penalties
In Colorado, sexual assault is typically considered a Class 4 felony, but certain elements can elevate the charge to a Class 2 or 3 felony, such as the use of force, drugging, or a deadly weapon.
As such, defendants charged with sexual assault may face anywhere from 2 years to life in prison and between $2,000-$1,000,000 in fines.
Battery or Menacing Penalties
While, by definition, all assault crimes include battery or menacing, not all battery/menacing crimes include assault. You could be charged with menacing alone by intentionally threatening serious bodily harm on a person using words or actions, but not actually performing or succeeding in inflicting bodily harm.
Without the assault component, menacing is a Class 1 misdemeanor. However, it may be charged as a Class 5 felony if it involves the use or threatened use of a dangerous weapon.
The penalties for menacing alone include up to $750 in fines and up to 6 months incarceration. If a dangerous weapon is involved, the penalties may include up to $100,000 in fines and up to 3 years of incarceration.
Why You Need an Experienced Denver Assault and Battery Defense Attorney
Facing assault and battery charges in Denver, Colorado can be daunting, especially given the serious consequences associated with these violent crimes. That’s why it’s imperative to enlist the help of an experienced Denver violent crimes attorney who can create a strong defense strategy and fight on your behalf.
Our skilled legal team at WeedenLaw handles assault and battery charges of all kinds, which means we understand the complexities of these cases and can navigate the legal process effectively. We will work tirelessly to protect your legal rights, challenge the prosecution’s evidence, and establish reasonable doubt where possible.
With strong defense strategies in place, our assault and battery lawyers can help mitigate the potential consequences of an assault/battery/menacing charge, potentially reducing or dismissing the charges altogether. When your future and reputation are on the line, having a knowledgeable and dedicated legal advocate by your side can make all the difference in the world.
Charged With Assault and Battery? Contact a Denver Crimes Against Person Defense Attorney at WeedenLaw Today
If you have been arrested or charged with assault or battery in Denver, Colorado or the nearby areas, it is incredibly important that you get in touch with an aggressive Denver criminal defense attorney as soon as possible. Jeff Weeden has helped countless clients just like you to craft the strongest possible defense against their charges, and he knows how to get results. WeedenLaw has the resources, reputation, and skill needed to help you win your assault and battery case.
Don’t put your freedom, future, and finances on the line. Our law firm offers free case consultations, so contact WeedenLaw today by calling (720) 307-4330, emailing jlweeden@weedenlaw.com, or filling out our easy online case review form.
With Jeff Weeden and his fierce defense team in your corner, you will be in the best situation to achieve optimal results in your Colorado assault and battery case.
